home - Foobai.com: Restaurants, Bars, and Hotel Reviews Worldwide

Country :

Language :

Email:

Password:

Forgot Password

Location :

Activity :

Home

Post

Add friends

Beijing - Restaurant - Register

Agreement

Introduction   
  foobai was created by a group of friends in Beijing and San Francisco because we believed that the community in China and in some US cities lack a good, cohesive online resource for posting and searching for reliable information on restaurants, bars, hotels, and other information. We created our community service so that the online community can have a forum where people can meet and help each other with real reviews and recommendations written by real consumers. Our current terms of use (referred to as “Terms”) are contained below and will also be revised from time to time. By using this Service, you are agreeing to comply with the Terms. It is the responsibility of anyone who uses the foobai website (“Users”) to periodically review the Terms. Our website and our resources (collectively referred to as “the Service”) will be updated by foobai from time to time for the benefit our our community in our sole discretion. Should you object to any Terms, guidelines, or changes, your only recourse is to discontinue use. 
By using this service, Users agree that foobai assumes no responsibility for any content posted on its site. Users agree that all materials, including but not limited to postings, messages, text, files, images, photos, video, sounds, or other materials (collectively referred to as "Content"), posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated, not foobai.

1.Basic Groundrules   
  By using the site in any way, you represent that you are at least 18 years old .
You agree not to post, email, or otherwise make available Content that, in foobai’s sole discretion:

·is deemed by foobai to be false or misleading; 
·that infringes any patent, trademark, trade secret, copyright or other proprietary 
　rights of any party, or Content that you do not have a right to make available 
　under any law.
·that is potentially unlawful, harmful, defamatory, pornographic, invasive of 
　another's privacy, or harms minors in any way; 
·that harasses, degrades, intimidates or is hateful toward an individual or 
　group of individuals on the basis of religion, gender, sexual orientation, race, 
　ethnicity, age, or disability; 
·that includes personal or identifying information about another person without that 
　person's explicit consent. 
·that involves the transmission of unsolicited mass mailing or "spamming" or 
　constitutes or contains "affiliate marketing," "link referral code," "junk mail," 
　"spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement. 
·that constitutes or contains any form of advertising or solicitation if (1) posted 
　in areas of the foobai sites which are not designated for such purposes;or (2) 
　emailed to foobai users who have requested not to be contacted about other 
　services, products or commercial interests. 
·that includes links to commercial services or web sites.
·that advertises any illegal services or the sale of any items the sale of which is 
　prohibited or restricted by applicable law.
·that contains software viruses or any other computer code, files or programs 
　designed to interrupt, destroy or limit the functionality of any computer software 
　or hardware or telecommunications equipment; 
·that disrupts the normal flow of dialogue with an excessive number of messages 
　(flooding attack) to the Service, or that otherwise negatively affects other 
　users' ability to use the Service; or 
·that is against the guidelines or laws of the applicable country or otherwise 
　disrupts foobai’s ability to operate in the country.

Additionally, you agree not to:

·contact anyone who has asked not to be contacted; 
·collect personal data about other users for commercial or unlawful purposes; 
·use automated means, including spiders, robots, crawlers, data mining tools, 
　or the like to download data from the Service - exception is made for 
　internet search engines (e.g. Google) and non-commercial public archives 
　(e.g. archive.org) that comply with our robots.txt file; 
·post irrelevant Content, including repeatedly posting the same or similar 
　Content, posting as a principal when in reality you are offering brokering 
　services, or otherwise imposing a large load on our infrastructure; 
·attempt to gain unauthorized access to foobai's computer systems or engage 
　in any activity that disrupts, diminishes the quality of, interferes with the 
　performance of, or impairs the functionality of, the Service or the foobai website.

2.Content   
  Users agree to post only Content that is legal within the context of their country laws and also Content that does not violate any trademark, copyright or intellectual property rights in any country. By using the Service, Users agree they may be exposed to Content that is objectionable, inaccurate or misleading. If Users find such offensive Content, they are encouraged to flag it within the site, however, foobai is under no obligation to remove such Content. 
Furthermore, the foobai site and Content available through the Service may contain links to websites independent of foobai. foobai does not make any representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, and that under no circumstances will foobai be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that foobai shall have the right (but not the obligation) to refuse, delete or move any Content for violating the letter or spirit of the Terms or for any other reason.

By posting Content on foobai, Users agree to and hereby do grant, and Users represent and warrant that they have the right to grant, foobai, its contractors, and the Users of the foobai site an irrevocable, perpetual, non-exclusive, sublicensable, fully paid up, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content.

3.Notification of Claims of Infringement   
  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify foobai's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at legal@foobai.com: 
Please provide our Agent with the following Notice:

1.Identify the copyrighted work or other intellectual property that you claim has 
　been infringed; 
2.Identify the material on the foobai site that you claim is infringing, with 
　enough detail so that we may locate it on the website; 
3.A statement by you that you have a good faith belief that the disputed use 
　is not authorized by the copyright owner, its agent, or the law; 
4.A statement by you declaring under penalty of perjury that (a) the above 
　information in your Notice is accurate, and (b) that you are the owner of 
　the copyright interest involved or that you are authorized to act on behalf 
　of that owner; 
5.Your address, telephone number, and email address; and 
6.Your physical or electronic signature.

foobai will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).

4.Privacy and Information Disclosure   
  You acknowledge and agree that foobai may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harrassment; protect the rights, property, or personal safety of foobai, its users or the general public.

5.No Spam Policy   
  You understand and agree that sending unsolicited email advertisements to foobai email addresses or through foobai computer systems is prohibited by these Terms. Any unauthorized use of foobai computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. ?1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

6.Limitations on service   
  You acknowledge that foobai may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that foobai has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that foobai reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that foobai shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

7.Termination of service   
  You agree that foobai, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if foobai believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that foobai shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.

8.Dealings with organizations and individuals   
  Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that foobai shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that foobai is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release foobai, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

9.Proprietary rights   
  The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. FOOBAI is a registered mark in the U.S. Patent and Trademark Office. 
Although foobai does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to foobai an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.

10.Disclaimer of Warranties   
  you agree that use of the foobai site and the service is entirely at your own risk. the foobai site and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. all express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. to the fullest extent permitted by law, foobai disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the foobai site and the service. to the fullest extent permitted by law, foobai disclaims any warranties for other services or goods received through or advertised on the foobai site or the sites or service, or accessed through any links on the foobai site. to the fullest extent permitted by law, foobai disclaims any warranties for viruses or other harmful components in connection with the foobai site or the service.

11.Limitations of Liability   
  Your use of foobai is entirely at your risk. Foobai makes no representations or warranties about the content, the service or the performance of its site. Under no circumstances shall foobai be liable for direct, indirect, incidental, special, consequential or exemplary damages resulting from any aspect of your use of the foobai site or the service, whether the damages arise from use or misuse of the foobai site or the service, from inability to use the foobai site or the service, or the interruption, suspension, modification, alteration, or termination of the foobai site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the foobai site or the service or any links on the foobai site, as well as by reason of any information or advice received through or advertised in connection with the foobai site or the service or any links on the foobai site. These limitations shall apply to the fullest extent permitted by law.

12.Indemnity   
  You agree to indemnify and hold foobai, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

13.Miscellaneous   
  The Terms constitute the entire agreement between you and foobai and govern your use of the Service, superceding any prior agreements between you and foobai. The Terms and the relationship between you and foobai shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and foobai agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of foobai to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14.Violations of Terms and Liquidated Damages   
  Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to legal@foobai.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. 
You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay foobai liquidated damages as follows: 
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay foobai $1000 for each such message. 
b. If foobai establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay foobai $1000 for each message posted in excess of such limits or for each day on which you access foobai in excess of such limits, whichever is higher. 
c. If you send unsolicited email advertisements to foobai email addresses or through foobai computer systems, you agree to pay foobai $1000 for each such email. 
d. If you post messages in violation of these Terms of Use, other than as described above, you agree to pay foobai $1000 for each such message. In its sole discretion, foobai may elect to issue a warning before assessing damages. 
Otherwise, you agree to pay foobai's actual damages, to the extent such actual damages can be reasonably calculated.